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by Mike Caswell
The U.S. Securities and Exchange Commission has won $6.7-million in civil sanctions against Christopher Wheeler, the New York stock tout charged with a pump-and-dump scheme that included two Canadian listings. (All figures are in U.S. dollars.) The SEC claimed that Mr. Wheeler promoted the companies on-line while secretly selling millions of shares.
The sanctions, handed down by U.S. District Judge Charles Siragusa on Sept. 27, 2014, are a complete victory for the SEC. The regulator had sought disgorgement of $3.01-million in gains, $681,808 in interest and a $3.01-million fine, for a total of $6.7-million. The judge ordered the substantial penalties despite protests from Mr. Wheeler that the amounts the regulator was seeking were drastic. In a motion filed Dec. 2, 2013, he asked that the judge fine him nothing. He claimed that his violations were more technical than egregious, and said there was no evidence that a single investor lost any money as a result of his actions. Mr. Wheeler also contended that he had fully informed investors he could be selling the stocks he was promoting. He relied on a lengthy disclaimer that he had used which stated that his website, called OTCStockExchange, "intends to sell its shares in the event that the shares rise in value."
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